Mayor casts deciding vote to hire clerk

MAT-SU -- The Mat-Su Borough Assembly, at its March 16 meeting, agreed through a split vote to promote Mat-Su Borough Deputy Clerk Michelle McGehee to the position of borough clerk, but some assembly members are questioning if the borough mayor, in casting a tie-breaking vote, overstepped his duties.

Mat-Su Borough Clerk Sandra Dillon, in the beginning of March, let the assembly know she planned to retire at the end of May. As one of four employees who serve at the pleasure of the assembly, it's within the assembly's purview to hire another borough clerk. At the meeting Assembly Member Mary Kvalheim made a motion she said was aimed at smoothing the transition and making the process of hiring a new clerk seamless.

"We seem to be having a problem getting people to apply for borough positions," Kvalheim said. "We know Michelle, and she lives here …"

Kvalheim said she didn't discuss her motion with McGehee, but asked Dillon whether McGehee had planned to apply for the job. Kvalheim's resolution, which proposed offering the position to McGehee and setting a special meeting to discuss the fine points of a contract, came as a surprise to McGehee.

"It was [a surprise], to some degree," McGehee said. "I have been asked if I was interested in the position."

McGehee said she was interested in the position, but the hiring process had not yet begun. That, she said, was why the matter had been placed on the agenda, so the assembly could determine when and how to begin the search for a new clerk.

Some assembly members, after stating their approval of considering McGehee as a candidate for the position, said they were concerned about deviating from the normal process of advertising for and reviewing applicants.

"This is really unfair to Michelle, and it's inappropriate to do it this way," said Assembly Member Talis Colberg. "To take it out of a normal procedure and throw someone's name in front of everyone … it's just wrong; it's not the way to do this."

When asked what the borough code had to say about the assembly's hiring process, Borough Attorney Teresa Williams said the code isn't specific.

"I think it assumes there's going to be a recruiting process," Williams said. Mat-Su Borough Code 2.52.630 states "… the appointing authority may utilize any recruitment and referral source or technique appropriate to obtain the highest caliber employees to fill executive positions. The appointing authority may utilize notices, evaluations or examinations as appropriate to effective recruitment of executive employees."

Assembly Member Jim Colver disagreed, and said he believes promoting someone is a recruitment process. Mayor Tim Anderson added that Borough Manager John Duffy was hired in a similar fashion, shortly after Anderson was elected to his first term in office.

The assembly voted on Kvalheim's motion, and the results were split, with assembly members Kvalheim, Colver and Betty Vehrs in favor of offering McGehee the job immediately and Colberg, Jody Simpson and Bruce Bush opposed. Anderson weighed in, breaking the tie in favor of the motion.

"I believe in continuity -- it proved successful with Mr. Duffy," Anderson said.

Simpson asked Williams whether a mayor had the right to weigh in on a decision related to an assembly appointment.

"Does the mayor have the power to hire an employee?" Simpson asked.

Williams said the borough code, and Title 29 of the state statutes, which govern local governments, state that the mayor has the power to break a tie. Beyond bestowing that power, Williams said, the code doesn't mention any limitations.

Simpson and Colberg both indicated they'd like some clear guidance on the matter, and mentioned making such a request of counsel outside the borough.

Simpson indicated this wasn't the first time the mayor had broken a tie in a matter she understood to be solely in the assembly's arena. When Assembly Member Bill Allen was appointed last year to fill a seat vacated by Sara Jansen, it was because Anderson cast the tie-breaking vote.

Anderson called for an at-ease and, with Dillon, Williams and Simpson, who had requested the ruling, filed into a room adjoining the assembly chambers to discuss the matter further. Some assembly members followed the trio into the adjoining room, but aside from Simpson, the other assembly members were turned back. Several minutes later, the group emerged.

"I confirmed with the clerk and the attorney that, basically, in Title 29 and the code, the mayor has the right to break a tie," Anderson said.

Contact Rindi White at rindi.white@frontiersman.com.